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Town of Flatrock Municipal Plan

2015-2025

PLAN-TECH

ENVIRONMENT

TABLE OF CONTENTS Page

1.0 INTRODUCTION .................................................................................................................. 1 1.1 Municipal Plan Preparation ................................................................................... 1 1.2 Plan Approval .......................................................................................................... 1 1.3 Purpose of Planning ............................................................................................... 2 1.4 Plan Review and Amendment ................................................................................ 2 1.5 Plan Administration ................................................................................................ 3 1.6 Flatrock Municipal Plan Review .............................................................................. 3 1.7 Community Profile .................................................................................................. 5 1.8 St. John’s Urban Region Regional Plan ................................................................... 8 1.9 Interpretation ......................................................................................................... 9

2.0 GOALS AND OBJECTIVES .................................................................................................... 9 2.1 Physical Structure ................................................................................................. 10 2.2 Economic Opportunities ....................................................................................... 11 2.3 Housing ................................................................................................................. 11 2.4 Transportation ...................................................................................................... 12 2.5 Community and Social Services ............................................................................ 12 2.6 Environment.......................................................................................................... 13 2.7 Municipal Finance ................................................................................................. 14 2.8 Recreation and Tourism ........................................................................................ 14 2.9 Sustainable Development .................................................................................... 15

3.0 THE LAND USE PLAN ......................................................................................................... 16

3.1 General Land Use Policies ...................................................................................................... 16

3.1.1 General Policies ................................................................................... 16 3.1.2 Servicing Policies ................................................................................. 22 3.1.3 Environmental Policies ........................................................................ 23 3.2 Specific Policies - Land Use Designations .......................................................................... 28

3.2.1 Residential ........................................................................................... 29 3.2.2 Mixed Use ........................................................................................... 36 3.2.3 Industrial ............................................................................................. 40 3.2.4 Public Use ............................................................................................ 42 3.2.5 Conservation ....................................................................................... 44 3.2.6 Open Space Recreation ....................................................................... 46 3.2.7 Agriculture .......................................................................................... 47 3.2.8 Watershed ........................................................................................... 49 3.2.9 Rural .................................................................................................... 50

TABLE OF CONTENTS (cont’d)

Page

4.0 IMPLEMENTATION ........................................................................................................... 53 4.1 Plan Administration .............................................................................................. 53 4.2 Plan Implementation ............................................................................................ 54 4.3 Development Regulations ..................................................................................... 55 4.4 Development Control............................................................................................ 55 4.5 Public Works and Municipal Services ................................................................... 56

Flatrock Municipal Plan 2015-2025 Page

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1.0 INTRODUCTION

1.1 MUNICIPAL PLAN PREPARATION

The Flatrock Municipal Plan is Council's comprehensive policy document for the management

of growth within the municipal planning area over the ten-year planning period of 2015-2025.

The Plan repeals and replaces the Flatrock Municipal Plan 2001-2011.

The Flatrock Municipal Plan has been prepared in accordance with the requirements of the

Urban and Rural Planning Act 2000, following surveys and studies of land use, population

growth, the local economy, present and future transportation and communication needs, public

services, social services and other relevant factors.

The Plan outlines the goals, objectives and policies of Council regarding the development of the

Municipal Planning Area over the next ten years. This Municipal Plan, consisting of a written

text in which the goals, objectives and policies are set out, also includes Land Use Maps

indicating the proposed allocation of land into various land use categories. Its aim is to promote

the well-being of the community and efficiently utilize land, water, and other resources. The

Flatrock Municipal Plan consists of written text and Future Land Use Maps.

1.2 PLAN APPROVAL

For the Plan to gain full legal effect, Council must hold public consultation with area residents

and concerned groups and individuals to allow for public input into the planning process. After

this consultation, Council must adopt the draft Plan and allow for further input from the general

public through a Public Hearing.


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Council shall appoint a qualified Commissioner to conduct a formal hearing to consider

objections and representations from the public, either opposing or in favour of the Municipal

Plan. The Commissioner shall formally report his findings to Council as a result of the public

hearing. Council may adopt the report in whole, in part or reject the report in its entirety.

Council can then formally approve the Municipal Plan and apply to the Department of Municipal

and Intergovernmental Affairs for registration. A notice will then appear in the Newfoundland

and Labrador Gazette and a local newspaper advising the public of Council’s intent. Once this

notice has been published in the Newfoundland and Labrador Gazette, the Plan is legally binding

on Council and any person or group proposing to develop, or to change the use of land,

anywhere within the Planning Area.

1.3 PURPOSE OF MUNICIPAL PLANNING

A Municipal Plan guides growth and development within a Municipal Planning Area. It provides

a means of preventing the kind of problems that occur when incompatible land uses take place

in close proximity to each other. It directs future growth so that it occurs in a manner in which

municipal services and land resources are used most efficiently, thus preventing unnecessary

increases in servicing costs that would result if development became needlessly spread out. It

also ensures that aspects of land development like safety, aesthetics and environmental

protection are given proper consideration. The aim of planning is to protect and enhance the

qualities of the Planning Area that make it a healthy, prosperous and pleasant place in which to

live and work.

1.4 PLAN REVIEW AND AMENDMENT

Every five years from the date on which the Municipal Plan first comes into effect, Council is

required to initiate a review of the Plan. Where necessary, changes may then be made to


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account for any new policies or land use requirements for the next ten years. The Plan may

otherwise be amended at any other time, in whole or in part. Any such amendment will be read

together with, and become part of the Municipal Plan and so must not conflict with any other of

its policies. If circumstances do not permit a Plan review to be undertaken within the prescribed

time, the current Municipal Plan, and any amendments that had been made to it, will remain in

effect until a Plan review is completed and fully approved.

When the Municipal Plan comes into effect, Council is required to develop regulations for the

control of the use of land, in strict conformity with the Municipal Plan, in the form of Land Use

Zoning, Subdivision and Advertisement Regulations. These are also known as the Development

Regulations. Normally, these are prepared at the same time as the Municipal Plan, and like the

Plan, may be amended at any time to include new land uses and specific regulations.

1.5 PLAN ADMINISTRATION

The day-to-day administration of the Municipal Plan and Development Regulations is

administered by staff members authorized by Council. Council staff issue all necessary permits

approved by Council, make recommendations to Council in accordance with the Municipal Plan,

and enforce the regulations. The Department of Municipal and Intergovernmental Affairs may

be consulted on any development matters.

1.6 FLATROCK MUNICIPAL PLAN REVIEW

The Town of Flatrock was incorporated in 1975. The Town introduced its first Municipal Plan in

1988. The preceding Flatrock Municipal Plan was drafted in 2001 and this is the first

comprehensive review of that Plan. This 2015 Municipal Plan updates and accommodates

various amendments made to the original documents.


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History and Regional Context

The Town of Flatrock is located approximately 12 km northwest from St. John’s on Route 20.

The older section of the Town is situated off Route 20, along Wind Gap Road around the cove

and the newer section extends along Route 20 for 4 km towards the north. The Flatrock

Municipal Planning Area, which coincides with the Flatrock Municipal Area, covers an area of

about 21 km2..

The Town of Flatrock was first settled around 1762. Historically, the major source of

employment was found in fishing and agriculture. At present only a small percentage of the

work force is engaged in the fishing and farming industries. Today, the emphasis has shifted

from these base industries to the service and construction industries of St. John’s. To a large

extent, Flatrock is a dormitory town. However, the nearness of St. John’s enables residents of

the Town to find employment in a wide variety of industries and occupations.

With the downturn in the fishery in recent years, the economy of the Town is now largely

dependent on local businesses. In recent years, tourism has been playing an increasing role.

Also, proximity of the town to St. John’s allows residents to commute for employment

opportunities.

A sufficient land base appears to be available to accommodate new business development

should opportunities arise. Likewise, for other categories of land uses, such as Residential and

Industrial, a sufficient land base to the west is available to meet the requirements of the

Planning Area for the next ten years. Generally, much of the area reserved for expansion of

urban development under the previous version of the Plan remains substantially undeveloped.

Physical Features

The general topography of Flatrock ranges from a relatively flat terrain along Route 20 to a fairly

steep valley along Wind Gap Road.


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Flatrock has two distinct geological areas. The older section of Town, along Wind Gap Road in

the area of the harbour, is outlined with exposed bedrock with little soil cover. The area along

Route 20 has moderate soil cover (in excess of four metres) with little evidence of exposed

bedrock. This section does have isolated boggy areas and evidence of a high water table. Inland

from the coast and settlement, the terrain consists of forested lands with several ponds and is of

considerable scenic value.

1.7 COMMUNITY PROFILE

ICSP Vision Statement

The Town of Flatrock recently completed an Integrated Community Sustainability Plan (ICSP) as

a collaborative project with the adjoining Towns of Pouch Cove and Bauline. The ICSP drafted a

vision statement for Flatrock which defined the Town as:

“A prosperous, family-oriented and involved community, striking a balance between

development and environmentally sustainability while maintaining and enhancing its unique

rural community character and natural environment.”

Population Characteristics 1996-2011

The 2011 census population of Flatrock is 1457, representing a 20.0% increase from the 2006

population which was 1214 persons. This represents an increase of 6.7% from its 2001

population which was 1138 persons and a 4.7% increase from its 1996 population of 1087. This

2011 population figure reflects a significant growth rate compared to the provincial population

increase of 5.4% during the 2006-2011 census period. Since 2006, Flatrock is also experiencing

resurgence in population and residential development.


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Table 1: Population Change

Year Population Change % Change

1996 1087

2001 1138 51 4.7%

2006 1214 76 6.7%

2011 1457 261 20.2%

Housing

The 2011 census recorded 543 dwellings, while the 2006 census recorded 447 dwellings.

Council has been issuing an average of 15-18 new dwelling permits from 2001-2009, but new

housing starts rose dramatically from 2010 to present day. Substantial new dwelling

construction is occurring in all areas of Town on new streets such as Jesse’s Place, Avalia Drive,

Lalia’s Road, Hannah’s Place, Judyy’s Place, Martin`s Meadow, Hubert`s Place, Adam`s Place,

Admiral’s Grove Road, Admiral’s View, Madeline’s Ridge and Wildberry Ridge just to name a

few.

This new housing trend is expected to maintain at current levels with a number of new housing

developments being considered as future phases on some of the streets named above.


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Economy and Labour Force

The 2011 Census Data do not provide labour force data. While the Town population has

received a dramatic increase of 20%, the 2006 census data would not supply an accurate

account of labour force. Suffice to say that the majority of the labour force relies on

construction and health care jobs located outside of the Town.

Land Use

While Flatrock was once considered a low-density rural community, it is now undergoing growth

and urbanization and density has increased substantially in the past decade. The predominant

housing form is the single-family detached house with a small percentage of apartments. Most

dwellings are located on single lots. In 2010, the Municipal Assessment Agency showed an

increase of 20% in residential property value.

The Town has developed in planned comprehensive manner in areas such as new streets such as

Jesse’s Place, Avalia Drive, Lalia’s Road, Hannah’s Place, Judyy’s Place, Martin`s Meadow,

Hubert`s Place, Adam`s Place, Admiral’s Grove Road, Admiral’s View, Madeline’s Ridge and

Wildberry Ridge just to name a few. Commercial and some industrial land uses are being

considered along the Pouch Cove Highway, Route 20.

New Housing Starts 2006 - 2014

2002 12

2003 16

2004 16

2005 14

2006 27

2007 6

2008 24

2009 17

2010 26

2011 28

2012 35

2013 20

2014 36


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Planning Issues

With a significant increase in population, Flatrock has ample land designated for future

residential growth, in particular land to the west allowing future phases of the existing

subdivision development. However, development in the adjoining Town of Flatrock appears to

have had little effect on new residential development. However, both Towns are constrained by

the availability of land suitable for large scale subdivision development. Therefore, the Town

may experience a continuous demand for residential growth on land to the west.

1.8 ST. JOHN’S URBAN REGION REGIONAL PLAN

St. John's Urban Regional Plan policies which apply to the Town of Flatrock include the

following:

Flatrock is designated in the Regional Plan as a Local Centre.

Within Local Centres, residential uses shall generally be of a low density nature with a

continuing predominance of single family dwellings.

Two prime aims are to encourage the infilling and consolidation of presently semi-

developed areas once essential public services are installed and to develop improved

local road systems.

Within areas designated for Agricultural Uses, the policy shall be to restrict development

to agricultural and associated complementary uses. Non-agricultural-related uses may

be allowed provided they are not considered to have an adverse impact on agricultural

uses, are compatible with adjoining development, conform with the objectives of this

Municipal Plan, and are approved by the Department of Forest Resources and Agrifoods

under the Development Area (Lands) Act, Chapter 95 of the Revised Statutes of

Newfoundland, 1970 and associated regulations.

In areas designated for Agricultural Uses, where forest cover exists, it is desirable that

this secondary forestry resource be maintained, managed and harvested in such a way


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that its forestry potential can be best realised until it becomes necessary for the land to

be cleared for development for the designated use.

1.9 INTERPRETATION

The following sections and the Future Land Use Maps constitute the legally effective parts of the

Flatrock Municipal Plan. In this Municipal Plan:

“Council” shall mean the Council of the Town of Flatrock.

“Development Regulations” shall mean the Flatrock Land Use Zoning, Subdivision and

Advertisement Regulations.

“Municipal Planning Area” shall mean the Flatrock Municipal Planning Area.

“Town” shall mean the Town of Flatrock.

The boundaries between the different land uses designated in the Municipal Plan are meant to

be general, except in the case of roads or other prominent physical features where they are

intended to define the exact limits of each category.

Nothing in the Plan shall affect the continuance of land uses which are lawfully established on

the date that this Plan comes into effect.

2.0 GOALS AND OBJECTIVES

It is the intention of the Municipal Plan to establish a number of goals and objectives. A goal is a

desired state which reflects the long-range purpose of the Plan and is related to a major area of

concern. An objective is a short-range step toward the goal. It is concrete, realistic, action-

oriented and attainable within a period of 3 to 5 years. The achievement of an objective should

move the goal closer to reality.


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Based on a comprehensive study of the planning aspects of the Flatrock Planning Area, the

following are the goals and objectives of this Municipal Plan, which are to be pursued within the

ten year planning period.

2.1 PHYSICAL STRUCTURE

Goals:

To provide for development and allocate land for its best use which will enhance the

viable functioning of the community.

To encourage future growth in a manner that ensures land use compatibility and orderly

development.

To control future growth of the town in such a manner as to develop a balanced and

attractive community.

To preserve the rural character of the Town, allowing residents to maintain activities

such as small-scale traditional agricultural uses creating problems to neighbouring

residents.

To protect the natural environment and natural resources throughout the Planning

Area.

Objectives:

To allocate land for future development on the basis of its best use considering its

physical characteristics and location.

To ensure that natural areas such as drainage courses, shorelines, and steep slopes are

protected from development to preserve environmental resources and the rural

character of the Town.

To preserve scenic views of the shoreline, ponds and hills, recognizing their value to

residents and visitors for recreation and tourism.


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2.2 ECONOMIC OPPORTUNITIES

Goal:

To encourage the continued operation of existing businesses through appropriate land

use policies.

To encourage the development of additional employment opportunities to serve the

present and future population.

Objectives:

To allocate land so that new businesses will be attracted to Flatrock.

To support the development of facilities and attractions in promoting the tourism

industry within Flatrock.

To encourage home-based businesses.

2.3 HOUSING

Goals:

To provide for an adequate quality, quantity and mix of housing to serve the needs of

the present and future population.

To provide good quality residential site design and a high standard of municipal services.

Objectives:

To provide an adequate amount of land to accommodate residential development

within the municipality.

To encourage improvement of existing dwelling standards.

To provide for a mixture of housing types within the municipality.


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To encourage the development of residential infilling lots within built up

neighbourhoods.

2.4 TRANSPORTATION

Goal:

Ensure that the local transportation system adequately and safely provides access

throughout the Planning Area.

OBJECTIVES:

To undertake continued improvements to the municipal roads through a regular

maintenance program.

To aim for a proper road system by connecting streets which require a second access.

To reserve land for future access to backlands.

2.5 COMMUNITY AND SOCIAL SERVICES

Goal:

To provide a full range of community and social services to Flatrock.

Objectives:

To ensure that land is reserved throughout the town for recreation and open space.

To ensure public access to the major natural features of the planning area such as the

vistas, ponds, streams, and ocean shoreline.


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To encourage the multi-functional use of existing community buildings (schools,

churches, community halls, etc.).

2.6 Environment

Goals:

To provide a pleasant and safe living and working environment in Flatrock.

To provide for the health, safety and welfare of the general public.

To protect and enhance the natural environment for its aesthetic, recreational, tourism

and resource values.

Objectives:

To promote a regular community “clean-up” program.

To discourage development in areas with slopes greater than 15%, recognizing that

development in such areas can result in environmental damage and higher costs for

servicing and maintenance.

To maintain a minimum 15 metre buffer of land from the highwater mark of ponds,

lakes, streams and shorelines to be kept generally free from development.

To protect natural resources from degradation including water, air, soils, traditional

agricultural land, forests and scenic areas.


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2.7 MUNICIPAL FINANCE

Goal:

To manage municipal expenditures and revenues so as to provide necessary municipal

services within a framework of long-term financial stability.

Objectives:

To manage municipal expenditures with restraint, aiming for maximum return on

investment.

To manage the municipal debt, considering the Town's ability to meet its expenditures

over the long term.

To encourage a more diversified economic base to generate more revenues through

business taxes.

2.8 RECREATION AND TOURISM

Goal:

To provide recreation facilities and develop new facilities to accommodate recreational

and social needs for all age groups in the Town.

Objectives:

Encourage public participation in the planning of recreational open space lands and

encourage events such as the Flatrock summer festival, sporting events, and other

attractions.


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Develop public recreational areas and facilities in feasible locations which will service

the maximum number of residents of the Town.

Promote the Town along with the East Coast Trail as a tourist attraction and encourage

travelers to visit Flatrock.

2.9 SUSTAINABLE DEVELOPMENT

Goal

To encourage the preservation of natural resources and to promote the development of sustainable development activities.

Objectives:

To encourage the use of natural resources like wind and solar energy as alternative sources of renewable energy.

To promote the development of industries that use clean renewable sources of energy.


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3.0 THE LAND USE PLAN

The following policies with accompanying Future Land Use Maps constitute the land use

component of the Flatrock Municipal Plan, 2015-2025. Included are all policies which are seen

as necessary by Council to ensure that the physical development of Flatrock is undertaken in an

efficient and economic manner during the ten-year (2015-2025) life of this municipal plan. The

Land Use Plan is meant to complement the Goals and Objectives outlined in Section 2.

3.1 GENERAL LAND USE POLICIES

The following policies can be categorized as general in scope in that they can be applied to more

than one land use and to different sections of the Town of Flatrock. They are therefore

presented as a separate section of this Land Use Plan.

3.1.1 GENERAL POLICIES

1. Physical Structure:

Land uses will be allocated in accordance with the Future Land Use Map attached to this

text. Development within the Planning Area will be managed in accordance with the

regulations of Council, in adherence with the policies, acts, and regulations of the

Province.

Nothing in the Plan shall affect the continuation of a use which was legally established

on the day that this Plan is registered by the Minister of Municipal and

Intergovernmental Affairs. Where a building or use exists which does not comply with

the intent of the Plan and the designated use, then it shall not be permitted to expand


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substantially. Minor extensions of such properties may be approved provided there will

be no adverse effects on surrounding properties or the environment.

Municipal and public utility works such as telephone, pollution control and electric

utility facilities are permitted uses in all use designations, provided no adverse effect on

adjacent land uses is created. In this regard, the size and appearance of such works

must be in keeping with adjacent uses and provision shall be made for buffering in the

form of landscaped areas between uses.

2. Subdivision Policies:

Land which borders developed residential areas may be suitable for future residential

development. All proposed subdivision developments shall be subject to a

comprehensive evaluation by Council. The content of this evaluation will be detailed in

the Flatrock Development Regulations and will include:

An investigation of physical features of the site and the opportunities and

constraints to development that they represent. Where possible, the layout of

proposed lots and roads shall conform to the topography;

An outline of how the proposed subdivision will integrate with existing

development and roads and services on adjacent lands and provide for future

access to undeveloped lands in the area;

Ensure compatibility between the subdivision and surrounding land uses, both

existing and future; and

Review of municipal servicing proposals by the developer and the public costs of

providing and maintaining these services.

3. Subdivision Development Agreement

As a condition of approval, Council shall require the developer to sign a subdivision

development agreement with the municipality.


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4. Conveyance to Council of Private Roads

New subdivision streets shall be constructed and upgraded to the Town’s road

standards before Council shall assume ownership and responsibility for future

maintenance. All new streets shall have a legal land survey and a Deed of Conveyance

prior to Council assuming ownership.

5. Access and Public Street

All development shall front onto a publicly maintained street, unless otherwise specified

in this Plan.

6. Easements and Emergency Access

Where land is required for utility easements or emergency access, the land may be

reserved for a utility easement or access for the appropriate agency (such as

Newfoundland Power) in the course of approving subdivision or other development

applications.

7. Building Setback

Adequate building setback from roads shall be required in order to maintain road

standards. Setbacks should be sufficient to allow for landscaping of front yards, vehicle

off-street parking and not interfere with the abilities of the Towns snow clearing

program. In certain circumstances where topography restricts the development of a lot,

a larger setback may be permitted to accommodate the development.


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8. Soil and Drainage

Development shall only be permitted on lands having soil and drainage conditions that

are suitable to permit the proper siting and development of the proposed uses.

9. Infill Development

Council will monitor all infill development to ensure that appropriate standards are

maintained with respect to lot size, frontages, road widening, alignments, and any other

matter concerning current or future public works. In older developed sections of the

Town infill lots may not meet current standards. Council shall review any proposed

development on a lot by lot basis. Lots that do not meet current frontage development

standards may be approved for infill residential development under Councils discretion

provided there are sufficient lands for the safe development of the lot.

10. Environmental Preservation and Enhancement

Council shall place high importance on environmental preservation and enhancement,

given its importance to residents and to Council's intention of preserving the local

environment.

Natural Environment

The policy of preserving the natural environment will be extended to all natural systems

within the Planning Area, including natural drainage systems, wetlands, bogs, plant and

fish habitats. The preservation of watercourses and shoreline areas will be a priority

within the Planning Area.


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Development proposals shall include plans for grading, ditching, and landscaping.

Significant alterations to the natural environment (such as changing the drainage

pattern or removing vegetation) will be considered during the evaluation of

development proposals. Alterations which will adversely affect adjacent property shall

not be permitted.

Built Environment

Council shall encourage partnerships and initiatives aimed at changing environmental

attitudes, awareness and promoting projects which will enhance the built environment.

Examples will include the following:

preservation of trees on sites for new development (i.e., to discourage the

traditional practise of clearing development sites of all trees and vegetation);

development and expansion of recreation lands;

development of walking trails along shoreline; and

Encourage the reduction and recycling of solid waste within the Town.

11. Open Space and Recreation

A minimum of 10% of the gross area of land developed for subdivision purposes shall be

dedicated to the Town as public open space. This land would be suitable for walking

trails, tot lots, green belts, etc. Council may accept from the developer in lieu of such

area of land, payment of a sum of money equal to the market value of the land which

would otherwise be required to be dedicated.

Council shall ensure the preservation of scenic viewpoints and ensure long-term

stewardship. Public access to natural areas and open spaces shall be maintained.


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It is the intent of this Plan to designate open space areas within the Town for active,

outdoor community recreation and passive, outdoor recreation needs. Council shall

maintain and wherever, improve the integrity of natural recreational systems such as

walking and hiking trails.

12. Cottages or Seasonal Residential

Cottages, seasonal residential uses, shall not be permitted within the municipal planning

area.

13. Development Criteria for Non-Residential Sites

All built-up development of non-residential land uses will conform to the following

criteria:

Each site will have direct frontage on a public road.

Development will be located and designed in a manner that minimizes the

impact of traffic, noise, lighting, and signage on adjacent residential areas.

Where necessary, screening will be required through the provision of trees,

shrubs, banks and berms, landscaping or fencing.

Properties will be designed and maintained to a high standard with regard to

safety, appearance, and compatibility with surrounding land uses.

Access points to the public street will be limited in number and designed for

maximum safety for pedestrians and vehicles.

Each site will provide space for adequate off-street parking and loading facilities

to meet the needs of the proposed development.

Adequate municipal services must be available to meet the needs of each

proposed development.


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Development must be in accordance with the Town's Development Regulations and

where applicable the regulations of Service NL and the Departments of Environment

and Conservation; Transportation and Works, Fisheries and Oceans Canada; and other

relevant agencies.

14. Heritage Structures and Sites

Houses and other buildings and structures which were built in a traditional or distinctive

architectural style (or otherwise are deemed to have historic or aesthetic value by

Council, or a department or agency of a higher level of government) may be considered

heritage structures. It is Council's intention to protect heritage structures for these

reasons and for their value as a heritage and tourist attraction. Council may enact

regulations for such purposes.

15. New Road Construction

With the approval of Council and other relevant Government Departments, new roads

may be constructed in all land designations.

3.1.2 SERVICING POLICIES

1. Ground Water Assessment

New subdivisions shall require a groundwater assessment be undertaken to determine

the acceptable quality and quantity of drinking water. The Groundwater Supply

Assessment and Reporting Guidelines for Subdivisions Serviced, by Individual Private

Wells, provide administrative and technical guidance to developers. The Water


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Resources Management Division, Department of Environment and Conservation, should

be contacted prior to new residential subdivision development.

2. On-Site Sewerage Disposal

On-site sewerage disposal system shall be in compliance with the requirements of the

Service NL. Sub-service sewerage disposal systems shall be no closer than 30 metres

from a waterbody or watercourse.

3.1.3 ENVIRONMENTAL POLICIES

1. Preservation of Trees

Mature trees shall be preserved and replaced where necessary. Such trees shall be

removed only if they become dangerous because of age, disease or proximity to a

building; if they are overcrowded, and unduly inhibit light and air circulation for

landscape purposes and building occupancy, or if they will unduly inhibit construction.

2. Protection of Watercourses, Wetlands, and Waterfowl Habitat

Rivers, streams, ponds, and shorelines shall be protected from pollution and

development. The existing vegetation shall be maintained along banks and shorelines

where possible. No development shall be permitted within 15 metres of a watercourse

without approval from the Department of Environment and Conservation and, if fish

habitat is affected, from Fisheries and Oceans Canada.

Council shall encourage the preservation and protection of sensitive wetlands that are

valuable for controlling flooding; habitat for water fowl or have important aesthetic

value to the surrounding areas. Any development proposal within sensitive wetlands


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areas shall be referred to the Department of Environment and Conservation, Water

Resources Management Division, prior to Council approving any development proposal.

3. Waste Disposal

Protective measures shall be taken to prevent or minimize pollution when disposing of

sewage and solid waste.

4. Alterations to the Natural Environment

Development proposals shall include plans for grading, ditching, and landscaping.

Significant alterations to the natural environment (such as changing the drainage

pattern or removing vegetation) will be considered during the evaluation of

development proposals. Alterations which will adversely affect adjacent property or

watercourses shall not be permitted. Topsoil or sods shall not be removed except with

the approval of Council.

5. Environmentally Sensitive Areas

Development shall be prohibited in environmentally sensitive areas such as steep slopes

and bogs. Development shall also be prohibited in areas prone to landslides and

rockfall. Development shall be prohibited in conservation areas within 30 metres of the

rock cliff along sea wall areas known for coastal erosion. The Future Land Use Map

identifies Conservation areas. This policy applies to environmentally sensitive areas in

other land use designations.


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6. Upkeep of Properties

Council shall promote the upkeep of residential properties, businesses, and institutions;

encourage the repair or removal of dilapidated buildings and structures; and prohibit

indiscriminate dumping. Council shall encourage businesses and contractors to store

their materials and heavy equipment at the rear of their property or screen it from view.

7. Habitat Management Plan

The Town of Flatrock has signed a Municipal Wetland Stewardship Agreement which is

an important link in wetland conservation. Through this agreement, the town agrees to

manage wetlands within its jurisdiction with technical advice from the partners of the

Eastern Habitat Joint Venture.

The Goals of the Habitat Management Plan are to:

To conserve wetlands and associated uplands located within designated

Management Units and to promote enhancement and/or restoration of those

areas.

To maintain and/or increase wildlife use of those areas, particularly by

waterfowl and other avian species.

To increase public education and awareness of the importance of wetland

habitats for conserving waterfowl and other wildlife as well as for other wetland

functions.

The Management Plan benefits are the maintenance of healthy wetlands and

populations of waterfowl, other species and water quality. The Plan presents

opportunities for canoeing, hiking, photography, bird watching, and an opportunity to

learn more about nature, especially wetlands and waterfowl conservation.


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8. Stewardship Agreement

With the signing a Municipal Wetland Stewardship Agreement, the Town of Flatrock

shall:

Ensure that significant wetland and upland areas designated as Management

Units are protected from destruction or degradation and to contact the Wildlife

Division in a timely manner when activities are proposed that may habitat.

Incorporate the Stewardship Agreement and Habitat Conservation Plan into its

Municipal Plan with the assistance of the Wildlife Division.

Educate residents and development planners about the stewardship program

and their responsibilities, with the assistance of the EHJV partner.

Implement, over time, the Habitat Conservation Plan recommendations in the

community at large with the assistance of the EHJV partners.

Participate in the Stewardship Association of Municipalities Inc (SAM), a

province‐wide organization made up of municipalities which have signed

Stewardship Agreements.

9. Stewardship Zone

A Stewardship Zone has been established within the Town of Flatrock Planning Area

Boundary for the protection of wetlands and waterfowl habitats. The rural lands

located to the west of the existing developed area of the Town have been designated as

Stewardship Zone.

Applications for development located within the Stewardship Zone and within wetland

areas shall be reviewed by Council to ensure that sensitive waterfowl habitats are

preserved and protected. Council shall refer development proposals within sensitive

wetland habitat to Wildlife Division, Department of Environment and Conservation, for


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review and comment. Council may use mitigating measures to reduce any habitat

degradation that may result from development within the Zone.

10. Management Units

Preliminary field assessments of wetlands within the planning boundaries of Flatrock

were conducted in the summer and fall of 2010 by the staff of the Wildlife Division. The

goal of these assessments was to determine the viability of particular areas within the

municipal boundaries for waterfowl and wetland stewardship, protection and

enhancement.

Little Pond, Long Pond, Muddy Pond, Sinnots Pond and Kennedy’s Pond have been

identified as Management Units. All but Sinnots Pond have a 50 meter no development

buffer. Sinnots Pond has a large wetland area identified which encompasses both sides

of Wind Gap Road and is more clearly defined on the Future Land Use Map. Passive

recreation uses shall be permitted provided they do not disturb or destroy wetlands or

waterfowl habitat.

11. Review Process

Stewardship Zone Development Proposal Process:

Where a development is proposed within the Stewardship Zone, and the Town

is unsure of the impacts to the conservation of the area, the Town shall refer

the proposal to the Wildlife Division for a 30 day review. The Wildlife Division

shall provide advice to the Town on the possible impacts of the proposal and

mitigative measures that can be implemented. The Town’s decision shall be

consistent with the spirit of the Stewardship Agreement.


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Where a proposed Municipal Plan amendment, regulation or bylaw may affect

land within the Management Units, that proposal shall be referred to the

Wildlife Division for a 30 day review to ensure that it is consistent with the

purpose of the Management Plan. Any proposed amendment to this Municipal

Plan that may have an impact on a Management Unit must be approved by both

partners.

Proposed development within the Management Unit that may potentially

threaten or negatively impact the habitat of the Unit, shall require the approval

of the Wildlife Division.

12. Stormwater Management

Managing stormwater runoff is becoming increasingly challenging through the

incidence of more intense storms and further urban development resulting in

increased water runoff. Council shall require land to be developed on the basis

of zero net runoff unless otherwise approved by Council. Council shall

encourage alternative zero net methods of storm water management such as

retention ponds and other techniques that decrease water run-off.

Where possible, the Town will encourage and support development designs and

infrastructure that incorporate stormwater best management practices. The

Town may require land to be developed on the basis of zero net runoff.

Development shall be designed so that run-off from the development does not

negatively impact adjoining properties.

Proposals for development, including the clearing of land, shall include plans to

manage stormwater runoff to prevent sedimentation and excessive flooding.


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3.2 SPECIFIC POLICIES - LAND USE DESIGNATIONS

The land within the Flatrock municipal planning area shall be managed according to the

designations shown on the Future Land Use Map and the policies of this Municipal Plan.

The Future Land Use Map divides the Planning Area into the following designations:

Residential

Mixed Use

Industrial

Public Use

Agriculture

Recreation Open Space

Conservation

Watershed

Rural

3.2.1 RESIDENTIAL

The purpose of the Residential designation is to preserve the amenity and character of existing

residential areas and to reserve undeveloped lands for future residential use. Anticipated new

housing throughout the Planning Area over the ten year planning period is in the order of 200-

250 dwellings, most of which will be single detached houses. If past trends continue, about 2/3

of this should occur in the main part of Flatrock on existing developed roads, or as extensions to

existing development. There are undeveloped backland areas in the west part of town which

may be suitable for future residential development as residential subdivisions, and these areas

should be reserved for such purposes.

Infill development on existing roads within built up areas of the town shall be encouraged to

increase the density of development and to make efficient use of municipal services such as

snow clearing, garbage collection and reduce operating costs.


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Residential Policies:

1. Land Designation

The Residential land use district is reserved primarily for residential uses and other

development compatible with residential uses. The Residential district will consist of three

categories for zoning purposes: Residential Medium Density, Residential Rural and Residential

Subdivision Area. In the Residential Medium Density Zone, building lot requirements shall be

smaller than in Residential Rural Zone, in keeping with the traditional development pattern of

those areas. Residential Rural lots shall apply to new subdivision development and is

designed for large lot development. Residential Subdivision Areas are lands reserved for

future residential development.

Residential subdivisions may be developed in Residential designated lands, subject to policy

3.2.1.10, Residential Subdivisions, and in accordance with the requirements of the

development standards within the appropriate Land Use Zone Table, Schedule C.

2. Intent of Residential Designations

There are three designations put forward in the municipal plan for residential development

during the Planning Period. Their main intent is as follows:

Residential Medium Density

Residential development that is located along existing roads, in particular the older built up

areas of the Town, is developed on smaller lot sizes with onsite services. Traditional vacant

lands in these areas are of smaller lot sizes. It is intent of the plan to continue this

development pattern along existing roads and older areas of the Town, and to encourage the

infilling of undeveloped lands. Development of onsite services for these lands will be subject

to meeting environmental regulations.


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Residential Rural

The intent of the Residential Rural designated lands is for development of new lands with

larger lot size. Development will be required to provide for onsite services such as water and

sewer. A high priority will be attached to meeting physical and environmental site criteria.

Maintaining a quality rural community character will be important. Average lot size shall be

large enough to maintain this character and blend with adjacent development. This

designation includes land which can accommodate unserviced subdivision development.

Residential Subdivision Area

Residential Subdivision Areas have the potential to accommodate a high quality, rural

residential subdivision development. These areas shall be developed by approval of a

subdivision development scheme. The Development Scheme shall take into account onsite

service requirements, topography, adjacent land uses, future development of surrounding

lands, road networks, and any other specific requirements as established in the plan.

3. Land Use

Within lands designated Residential, single-family detached dwellings shall be permitted.

Complementary uses such as double dwelling, row dwelling, apartment building, child care,

office, home business, boarding house residential (bed and breakfast), place of worship,

education, education, agriculture (hobby farming), cultural and civic, personal and

professional services, recreation, light industry, convenience store or a small scale business

use where they are part of a residence may be permitted throughout the area under the

discretion of the Council.

Council shall consider the impact of the scale of proposed uses in residential designations to

ensure that development does not adversely affect the residential character and amenity of


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the area; provision of adequate space for on site parking, loading, and buffering is provided;

and the primary use of the lot remains residential. A compatible use will occupy only a minor

part of the floor area of the dwelling.

Residential growth shall be accommodated in approved comprehensive subdivisions and

through the orderly infilling of existing areas serviced in the town to ensure the efficient use

of available lands.

All new development and all newly created residential lots shall have direct frontage onto a

publicly-maintained road or in the case of a new subdivision shall have frontage on a road

being constructed under the terms of a development permit issued by Council. The costs of

providing services to any new subdivision development shall be the responsibility of the

developer.

3. Density of Development

Residential development shall be of higher density within the older developed areas of the

Town where infilling may be feasible. In other outlying areas residential development shall

be of a low density type development consistent with larger lot environment.

4. Environmental Aesthetics

Residential development, as well as other discretionary uses that are developed, shall

preserve the scenic quality of the community, with emphasis on building design and

landscaping of new development. Tree cutting and removal shall be limited to that necessary

for construction, space around the building, and for the installation of a septic field where

required.


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5. Recreation Uses

Compatible recreation uses such as playgrounds and tot lots may be located within

Residential areas provided that adequate screening from nearby properties is provided, and

safe setback distances from public roads can be obtained.

6. Bed-and-Breakfast

Bed-and-breakfast operations shall be a permitted use in the residential land use designation

and shall clearly be subsidiary to the residential use and shall not adversely affect the

residential quality of the area through excessive traffic, noise, or parking of an excessive

number of vehicles.

7. Office Use

Office use (home office) shall be limited to a home based business which may be permitted if

contained inside the residence, is clearly subsidiary to the residential use, and there shall be

no open storage of materials, equipment or products, and do not adversely affect the

residential quality of the area through increased traffic, noise, unsightly premises, and similar

considerations.

8. Home Business

Home business uses shall include office, medical and professional service, personal service,

and light industry uses may be permitted provided they are carried out as home occupations,

businesses operated in the dwelling, or in a building subsidiary to the dwelling on the same

lot, by the occupants of the dwelling


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9. Childcare

Group or Family Childcare use must not adversely affect the residential quality of an area

through excessive traffic or noise associated with this type of business. Group or Family

Childcare business shall operate in accordance with provincial Child Care Services Act and all

applicable Regulations.

10. Convenience Store

Within the Residential designated lands, new convenience stores may be permitted as a

subsidiary use to a residential dwelling or as a separate structure on its own lot. Council shall

encourage the even distribution of convenience stores in appropriate areas throughout the

Town. Development standards shall ensure that the size of the convenience store is limited

so that it will not interfere with neighbouring residential uses.

When reviewing applications for a new or expanded convenience store, Council shall consider

factors such as access to the site; amount of parking to be provided; any adverse impacts

upon adjoining neighbours or the neighbourhood in general, and effects of the business on

traffic flow.

11. Residential Subdivisions

In order to ensure efficient use of land and future provision of services, avoid a proliferation

of individual cul-de-sacs that are costly to service, and ensure that development is properly

located so as not to interfere with optimal future development of adjacent lands, subdivision

proposals will be considered only if they conform to the following:

Conformity to the goals, objectives, and policies of this Municipal Plan;

Conformity to an area concept plan as approved by Council, which accounts for the


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development of lands abutting the site;

A description of the subject lands;

Consideration of land ownership as it will affect the layout of streets and the optimal

use of land and municipal services;

Access to the site from existing roads and internal road layout;

Extension and development of municipal piped services for new subdivision;

Demonstration of the long-term viability of any proposed on-site servicing system

through soil analysis and other appropriate site evaluation. Council may require a site

assessment as part of a area concept plan which shall accurately depict the conditions of

the proposed subdivision site;

Phasing scheme;

Provision for lotting;

Provision for 10% recreation lands or alternative measures if requested by Council;

Adherence to the Town's engineering and development standards for streets designs,

grades, storm drainage, building line setback, access, landscaping, buffers, development

standards for each lot, etc.

12. Backlot Development

Backlot development may be permitted at the discretion of Council in developed areas

behind existing dwellings where vacant parcels of land exist which are of sufficient size for a

building lot, but which do not have the required frontage on a publicly maintained street. In

such cases, the following requirements shall be met:

The site is located in an area designated for Residential development in the Flatrock

Development Regulations;

Approval for on-site water supply and sewage disposal must be obtained from Council

and Service NL;

The development of the lot does not prejudice the use of adjoining backland. Where

there is potential for additional development in the area, the lot and access shall be


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developed in a manner which will accommodate future development. In such cases,

access to the public street must be of sufficient width (15 metres) to accommodate

future public use;

Where there is no potential for additional development, the access road shall be treated

as a private driveway and only one backlot development shall be permitted;

Council shall be satisfied that the backlot development will not detract or restrict other

types of development on adjacent lands;

Approval of any backlot development shall not affect the legal conformity of any

existing lots;

To ensure that Council can meet its responsibility for public safety and emergency

access, the dwelling on a backlot shall be a minimum of 32 metres and a maximum of

100 metres from a public street.

Standards for backlot development shall be established in the Flatrock Development

Regulations.

13. Open Space Requirements

The provision for open space within a residential subdivision development shall be the

responsibility of the developer, and if required by Council, shall dedicate not more than 10 % of

suitable land in new residential areas for recreational open space or alternatively, Council may

as an alternative require the developer to pay a sum of money equal to 10 % of the assessed

value of the area of land prior to any development of the subdivision.

14. Small Scale Agricultural Uses

Traditional small scale hobby and agricultural uses may be permitted in Residential areas, unless

otherwise specified in this Plan.


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3.2.2 MIXED USE

A mixture of different kinds of development may be found along the Pouch Cove Highway,

Route 20, and consists predominantly of residential uses interspersed with businesses, light

industry and public buildings. Such areas are placed under the Mixed Use designation. This

designation shall ensure that a viable combination of compatible uses can co-exist with the

predominantly residential development. Areas designated Mixed Use are intended for the

continuation of a traditional mix of land uses.

It is the intention of Council to permit this form of development to continue while ensuring

amenity and safety between the different land uses in the Mixed Use land use designation. The

Mixed Use area is designated on the Future Land Use map and applies to various locations along

both sides of Pouch Cove Highway. The following policies will guide the growth and

development of the Mixed Development areas.

Mixed Use Polices:

1. Land Use

Within the Mixed Use area, single dwellings, recreation open space and conservation shall be

permitted. Other uses may be permitted such as double dwelling, row dwelling, apartment

building, boarding house residential, collective residential, commercial residential, cultural and

civic, child care, home based business, home for the aged, medical, personal and professional

services, office, general assembly, passenger assembly, club and lodge, funeral home, place or

worship, education, indoor assembly, communications, taxi stand, police station, antenna,

convenience store, shop, outdoor market, catering (restaurant and take-out food service),

general service, service station and light industry may be permitted throughout the area under

the discretion of the Council provided they are compatible with the residential character of the

area and do not cause a nuisance by virtue of excessive noise, dust, odour, increased traffic or

hours of operation.


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2. Site Plans

Council may require the developer to provide a comprehensive site plan for any proposed

developments, indicating building locations, delivery areas, parking spaces, access, landscaping

and buffer areas, and where other development components are to be located. In assessing

proposals, Council shall be primarily concerned with aesthetic factors, scale and conformity with

the desired character of the area, and compatibility with other land uses in the vicinity, in

particular any residential development.

3. Adverse effects

Adverse effects of any proposed development on adjacent residential uses shall be prevented or

minimized through proper site layout, scale of development, and buffering. The type of buffer

that may be required is subject to the site specifics of the particular proposed development.

4. Access to Street

Access points to the public street shall be limited in number and properly designed, in order to

keep the street safe and efficient for both vehicles and pedestrians.

5. Parking

Adequate off-street parking and loading facilities shall be provided for any non residential

development.


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6. Office Use

Office use may be permitted as a home based business. The office use, if located within the

home, shall be subsidiary to the residential use. The office use may be located in an accessory

building on the same lot as the residence. There shall be no open storage of materials,

equipment or products, and the use does not adversely affect the residential quality of the area

through increased traffic, noise, unsightly premises, and similar considerations. Provisions for

parking shall meet the standards as prescribed by Council.

7. Home Business

Home business uses shall include office, medical and professional service, personal service, and

light industry uses may be permitted provided they are carried out as home occupations,

businesses operated in the dwelling, or in a building subsidiary to the dwelling on the same lot,

by the occupants of the dwelling

8. Boarding House Residential

Boarding House Residential uses such as Bed-and-breakfast operations shall not adversely affect

the residential quality of the area through excessive traffic, noise, or parking of an excessive

number of vehicles.


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9. Medical Treatment and Special Care

Medical Treatment and Special Care may be permitted provided they are limited to only homes

for the aged for residence for seniors, and adequate pedestrian and vehicular access and

parking can be provided. The size and scale of the development shall be reviewed by the Council

in any decision to permit this form of development within a residential area.

10. Childcare

Group or Family Childcare use shall not adversely affect the residential quality of an area

through excessive traffic, noise, or similar considerations that may be associated with the

business. Group or Family Childcare business shall operate in accordance with provincial Child

Care Services Act and all applicable Regulations.

11. General Services and Light Industrial Uses

General services uses and light industrial uses shall be small scale uses such as small workshops,

laundromat and warehouses. The use shall be carried out in a separate building from any

residence. There shall be no outdoor storage of equipment or materials in front yards. It may be

permitted in sideyards and rearyards. Activities associated with the use shall not be hazardous

and shall not create a nuisance by reason of noticeable noise, odour, dust or flames, or result in

electrical interference.

3.2.3 INDUSTRIAL

The Industrial designation includes various sites throughout the Planning Area. Industrial

activities may generate both positive and negative influences within the community. Similar to

commercial uses, most of the small scale industrial land uses are intermingled with existing

residences.


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The following policies will guide the growth and development of the Industrial areas.

Industrial Policies:

1. Land Use

Land designated Industrial shall be developed primarily for industrial uses such as general

industry and light industry. Permitted industrial uses shall be compatible with neighbouring

residential uses in terms of noise, dust, glare, vibration, smell, traffic, and related factors.

Other uses that may be permitted include office, communications, service station, general

services, antenna, shop and transportation provided they are directly related to an industrial

enterprise. Industry uses such as scrap yards shall not be permitted.

Office and retail uses associated with a light industrial use may be permitted on a small scale.

Service stations and garages may also be permitted.

2. Industrial Areas

Within the designated Industrial areas, all light industrial uses such as warehouses, and

workshops shall be permitted, provided there is minimal impact on surrounding uses from the

light industrial activity. In particular, the industrial uses shall not give rise to excessive noise or

other forms of pollution; shall not cause unacceptable nuisance or hazard to adjacent residential

uses; and shall be, in general, acceptable to adjacent residential uses.


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4. Restricted Development

Industrial uses that are determined to be incompatible with the natural environment or nearby

development through excessive emissions of noise, smell, chemicals or other pollutants, shall

not be permitted.

5. Open Storage

Property owners with unsightly uses will be required to store their materials in the rear yard.

Scrap yards and similar uses will be screened from view of the road by high fences or some

other form of buffer as required by Council. Screening and buffering using fences or trees may

be required in order to preserve an attractive appearance. Proper site layout and buffering shall

be used to prevent or minimize the adverse effects of any proposed development on adjacent

residential uses.

6. Parking

Adequate off street parking, loading and safe access to the street shall be provided. Parking

shall meet requirements as outline in Schedule D of the Town’s Development Regulations.

7. Access to Street




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3.2.4 PUBLIC USE

Land designated Public Use shall include government, church, educational and other uses for

general or limited public access. A number of sites in Flatrock are designated as Public Use.

Facilities required to deliver municipal services to residents, such as the Town Hall and Fire Hall,

are also within the intent of this designation.

Policies:

1. Land Use

Lands are designated Public Use to permit their general or limited use by the residents of

Flatrock. Within the Public Use designation, the predominant use of land shall be for

community-oriented facilities such as schools, places of worship, child care, government offices,

municipal buildings, recreation buildings, and their accessory uses.

Complementary uses may be permitted, provided that they will not conflict with the satisfactory

operation of existing facilities or the future development of public uses. The complementary

uses may include recreational open space such as parks and playing fields, office, indoor

assembly, outdoor assembly, catering, and homes for the aged.

2. Compatibility with Residential Uses

The development and operation of new facilities and buildings for public use will not impose

adverse effects on adjacent residential areas in terms of traffic, noise, and hours of operation.

3. Location

Public buildings and uses are encouraged to locate in the central part of the community and

within easy walking distance of most residents.


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4. Access



5. Parking

Adequate off-street parking and loading facilities shall be provided.

3.2.5 Conservation

Land designated as Conservation uses are intended to protect certain lands within the Town

which by reason of their intrinsic character, are sensitive, vulnerable, or ecologically significant,

or have natural or recreation values. They include wetlands, watercourses, bodies of water,

shoreline frontages, steep cliffs, as well as, open natural spaces such as woodlands, green belts,

buffers, natural trails, areas of scenic attraction for public enjoyment, etc.

Certain lands should be preserved from development because of dangerous or unstable surface

conditions, or to provide for recreational and conservation purposes. Scenic areas, landmarks

and historic sites should also be preserved against urban development. It is also essential that

all the visual amenities and areas unsuitable for development within the community such as

shorelines, flood plains, water supply areas, steep slopes, rock outcrops and small streams are

preserved and retained in their natural state. This can add to the open space system,

complement the urban development and serve to meet additional needs of the community.

Cemeteries are also included under this category.

Conservation Policies:


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1. Land Uses

The Conservation designation shall protect and conserve environmentally sensitive and

important lands from adverse development. No permanent buildings or structures shall be

permitted on lands designated for Conservation uses, except those necessary for environmental

protection (e.g., for erosion control).

The permitted uses shall include recreation, open space, and cemetery. Other compatible uses

that may be permitted include agriculture, forestry, transportation and antenna.

2. Conservation Buffer Waterbodies

Along the shoreline of all water bodies and water ways, a conservation buffer area shall be

established which includes all land within 15 metres of the high water mark along shoreline.

Proposed developments affecting water bodies or watercourses, such as stream crossings,

watercourse alterations, and other public works, may be permitted in limited circumstances

where it can be demonstrated the proposed use will have a minimal adverse impact. The

number and size of such activities shall be limited in numbers. Any such proposed development

shall be referred for review and approval to the Department of Environment and Conservation,

and the Department of Fisheries and Oceans, and any other relevant agencies before Council

issues any permits for development.

3. Trail Development

The development of passive recreation uses such as the East Coast Trail, walking or nature trails,

and associated interpretation programs may be permitted provided they will not have an

adverse impact on the natural environment.


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4. Preservation of Natural landscape

It is also essential that all the visual amenities and undevelopable areas such as the shoreline,

rivers, brooks, streams, flood plains, steep slopes, and rock outcrops are preserved and retained

in their natural state. This can add to the open space system and complement the rural

development patterns. Areas of scenic attraction and with recreational potential shall be

preserved and protected.

5. Excessive Slope

Extensive areas of land having slopes in excess of 15 percent are designated Conservation.

Development is not considered feasible on such slopes because of excessive runoff and erosion

and high costs to install and maintain services, and risk to public safety.

3.2.6 OPEN SPACE RECREATION

The intent of this Plan is to designate lands used for active and passive recreation to meet the

needs of Flatrock residents and visitors. Passive recreational uses such as walking trails may be

permitted, provided that they will have no adverse effect on the site.

Policies:

1. Land Uses

Permitted uses include recreation parks, linear trail systems, walking trails for pedestrians and

cross-country skiers in winter shall be permitted. Indoor assembly uses (recreation facilities)

such as a recreation centre and outdoor facilities such as sports fields, community festival areas,

and picnic and day use parks shall also be permitted.


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Other uses that may be included within this designation are outdoor assembly; cultural and

civic, catering (take-out food service); child care, agriculture; forestry; general industry, light

industry, transportation, and antenna.

2. Effects Surrounding Property

Development and operation of recreation facilities shall not impose adverse effects on adjacent

residential and other uses in terms of noise, traffic and hours of operation.

3. Recreation Uses

Additional recreation facilities shall be provided in areas where they are needed and when the

Town's financial resources permit. Since most of the regional and local recreational facilities are

less accessible to the older age groups, the provision of additional facilities will give special

consideration to these groups.

4. Town Recreation Facilities

Existing recreational facilities owned by the Town off Red Head Road shall be properly equipped

and maintained. New playgrounds and recreation areas will be developed by both land

developers and the Council to meet the future recreational needs of the community.

5. Trail Development

The development of passive recreation facilities such as walking or nature trails, and associated

interpretation programs may be permitted provided they will not have an adverse impact on the

natural environment and residential properties.


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3.2.7 Agriculture

Land designated Agriculture includes provincially designated Agricultural Development Area

lands. It is the intent of this Municipal Plan to protect the land designated for Agriculture uses

within the Planning Area. No development shall be permitted within this designation unless it is

directly connected with or ancillary to agriculture uses or unless it is approved by the

Department of Natural Resources. Non-agricultural uses, including conservation, recreation or

other types of rural uses may be considered by Council, provided it can be demonstrated that

there will be no adverse impact upon agricultural uses.

1. Land Uses

Agricultural use directly connected with or ancillary to an existing agricultural use may be

permitted in association with the approval of the Land Development Advisory Authority,

Department of Natural Resources.

2. Effects Surrounding Property

Development and operation of agricultural uses shall not impose adverse effects on adjacent

residential and other uses in terms of noise, traffic and hours of operation.

3. Access




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4. Parking

Adequate off-street parking shall be provided.

3.2.8 WATERSHED

It is the intent of this Plan to protect the Medalsis Pond Watershed from development. No

development will be allowed in this designation unless it is for the purposes of improving the

quality and or quantity of the water supply or for environmental or conservation purposes. No

development activity in the designated Watershed shall be undertaken without the approval of

Council and the Water Resources Management Division of the Department of Environment and

Conservation.

Watershed Policies:

1. Land Uses

As the source of future water supply to the Town, the Medalsis Pond, Moon Pond and Half

Moon Pond drainage areas are designated Watershed. It is the intent of the Plan to protect it

from existing and future uses and development that could adversely affect the quality of water

in these designated areas.

2. Continuation of Uses

It is the policy of the Plan to allow the continuation and minor expansions of the existing uses in

the designated Watershed Area, provided that the future water quality in the area is not

adversely affected.


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3. Recreation Uses

Recreational uses in the designated Watershed Area will be limited to passive recreational

activities such as hiking, fishing, and canoeing. Motorizes boats and vehicles shall be prohibited.

4. Agriculture and Forestry

Agricultural and forestry uses may be permitted at the discretion and control of the provincial

environmental authorities and Council. Any permitted forestry use and wood cutting shall also

be subject to the supervision and restrictions of provincial forestry authorities.

Within the Watersheds that are designated Agricultural/Forestry in the Regional Plan,

agricultural and forestry uses may be permitted. Permission to such uses shall be subject to

environmental assessment, in order to ensure that they will not adversely affect the water

quality.

3.2.9 Rural

The remaining lands within the Flatrock Planning Area are designated Rural and are intended to

be used primarily for rural resource and open space uses. Uses such as public utilities or road

construction and maintenance, consistent with the objective of retaining the qualities of the

rural environment, may be permitted.

Rural Policies:

1. Land Uses

The uses permitted in the designated Rural areas include agricultural, forestry, marine related


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industry, outdoor recreation and conservation uses, provided these uses do not detract from

the rural character of the area.

2. Discretionary Uses

Uses that may be allowed at the discretion of Council include outdoor assembly, single dwelling,

veterinary, outdoor market, general industry, mineral working, cemetery, animal, transportation

and antenna. This will apply particularly to uses that need to be located close to resources or

for some other reason cannot be located close to the built up areas of the Town.

3. Residential Use

Single residential dwelling use may only be permitted in conjunction with a permitted use such

as forestry or agriculture.

4. Mineral Working

Mineral workings shall include the extraction, exploration, processing or storage of gravel, sand,

rock or any other mined material, concrete and asphalt making, rock crushing, quarrying, sand

and gravel pits and other types of mining in general. Aggregate extraction may be permitted at

the discretion of Council. All but very small scale mineral workings and related activities shall be

prohibited within general view of roads and developed areas and development of new mineral

workings activity at any location in the Planning Area shall not be permitted where it would

create a negative impact on visual amenities as determined by Council. Council shall ensure that

aggregate mining will have minimal impact upon adjoining land uses, particularly the visibility of

gravel pits. Buffering and screening may be required to minimize dust and noise. Open pits

shall be rehabilitated by the operator prior to abandonment.


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Mineral extraction operations shall be conducted in a manner which shall minimize the adverse

effects on water quality, fish and wildlife. All mineral operations will be required to complete a

site rehabilitation plan as a part of the development application. Council shall not permit other

development activities within 150 m of existing quarry operations that may jeopardize their

operation or future expansion. Proposed operations shall be evaluated in conjunction with the

Department of Natural Resources and the Department of Environment and Conservation.

5. Cottage Development

To prevent premature urban expansion and demand for services in rural areas, cottage

development shall not be permitted in the Rural area.

6. Forestry

The Rural area contains forests which provide a long-term domestic wood supply, recreational

opportunities, and wildlife habitat. It is important that this resource be well managed. This Plan

will support initiatives of the Department of Natural Resources to manage the forests for

continued use by the public during and beyond the planning period.


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4.0 IMPLEMENTATION

The Municipal Plan will be implemented over the ten-year planning period through the decisions of

Council and agencies such as the Department Transportation and Works, Department of Natural

Resources, Department of Municipal and Intergovernmental Affairs and the Department of Environment

and Conservation. Of particular importance to Council are the following:

Effective administration of the Plan;

The adoption of a five year capital works budget;

adopting Land Use Zoning, Advertisement and Development Regulations

adopting Development Schemes and plans of subdivision, and

The procedure for considering future Amendments to the Plan.

4.1 Plan Administration

For the purposes of administering the Plan, the Future Land Use Maps shall be read only in

conjunction with the Goals, Objectives and Policies outlined in this document. All development

applications will be carefully evaluated as to their conformity to the Plan. The full conformity of

all proposals to the Plan shall be required by Council.

The boundaries between land uses designations are meant to be general, except where they

coincide with roads or other prominent physical features, where they are intended to define the

exact limits. It is intended that no amendment to this Plan shall be required to permit minor

adjustments to these boundaries. Other than such minor changes, no development shall be

permitted that does not conform to this Plan.

All persons wishing to develop land for any purpose within the Flatrock Municipal Planning Area

shall apply to Council for permission through the established procedure. Council may approve

applications with or without conditions. The appeal of all Council decisions to the Regional

Appeal Board shall be permitted.


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Prior to the major development of land within the Planning Area, a development agreement

may be required, which will be signed by both the developer and the Council. This agreement

shall establish the conditions under which development may proceed and shall be binding to

both parties. Conditions governing developments may also be enforced by being attached to

the development permit.

Nothing in this Plan shall affect the continuance of land uses which are lawfully established on

the date that the Plan is adopted by Council.

4.2 Plan Implementation

The preparation, adoption and approval of the Flatrock Municipal Plan represent only a part of

the planning process. The Plan cannot implement itself and can be functional and effective only

through Council's actions and efforts to carry it out.

In order to implement this Plan, Council must take the necessary action, as required by the

Urban and Rural Planning Act, 2000 as outlined below:

control future development by enforcing the Flatrock Development Regulations and the

policies of this Plan;

undertake the capital works program on a progressive basis geared to the available

resources of the community and financial assistance from the provincial government;

make necessary amendments to the Plan if conditions of the community change, and

Undertake a review of the Plan every five years.


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4.3 Development Regulations

To implement this Plan, Council shall prepare and adopt Development (Land Use Zoning,

Subdivision and Advertisement) Regulations on the basis of this Plan. These regulations are

intended for Council's control over future use of land and development within the Planning Area

and they outline land use zoning, development standards and application procedures necessary

to implement this Plan.

4.4 Development Control

The Plan is a legal document which is binding upon all persons, groups, or organizations,

including the municipal Council. Council shall exercise proper control over development within

the Planning Area in accordance with this Plan and the Development (Land Use Zoning,

Subdivision and Advertisement) Regulations.

All persons wishing to develop land for any purpose within the Planning Area shall apply to

Council for permission on the prescribed application form(s) and shall submit a detailed

plot/sketch plan of the proposal indicating the location and dimensions of the land and of the

development. Council shall examine the application on the basis of the Development

Regulations, which reflect the policy of this Plan, may approve the application, approve it with

conditions, or refuse it.

An applicant who receives a refusal decision from Council on a development application may

appeal that decision to the Eastern Regional Appeal Board.

Development in areas under the control of Council as well as other government departments

will be referred to the concerned departments for review.


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4.5 Municipal Capital Works and Municipal Services

In order to properly implement the goals and objectives of the Plan, an annual public works

program will be adopted and implemented by Council. This will include a financial overview and

preparation of a "Financial Evaluation for Municipal Capital Works Projects" which outlines

proposed capital works to be undertaken by Council over a seven year period, subject to the

availability of government funding.

The Town of Flatrock provides the usual municipal services, road construction and maintenance,

snow clearing, street lighting, garbage collection, volunteer fire brigade and recreational sites.

The Town's major service expenditures are road construction and re-surfacing.

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